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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Doulamis (Competition) [2008] EUECJ C-446/05 (13 March 2008) URL: https://www.bailii.org/eu/cases/EUECJ/2008/C44605.html Cite as: [2008] CEC 798, [2008] 5 CMLR 4, [2008] EUECJ C-446/05, [2008] EUECJ C-446/5 |
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(Article 81 EC, read in conjunction with Article 10 EC National legislation prohibiting advertising of dental care services)
In Case C-446/05,
REFERENCE for a preliminary ruling under Article 234 EC from the Tribunal de Première Instance de Bruxelles (Belgium), adjudicating on a criminal matter, made by decision of 7 December 2005, received at the Court on 14 December 2005, in the criminal proceedings against
Ioannis Doulamis,
intervening parties:
Union des Dentistes et Stomatologistes de Belgique (UPR),
Jean Totolidis,
composed of C.W.A. Timmermans, President of the Chamber, K. Schiemann, J. Makarczyk (Rapporteur), J.-C. Bonichot and C. Toader, Judges,
Advocate General: Y. Bot,
Registrar: R. Grass,
having regard to the written procedure,
after considering the observations submitted on behalf of:
Mr. Doulamis, by E. Koeune, avocat,
the Belgian Government, by A. Hubert, acting as Agent,
the Italian Government, by I.M. Braguglia, acting as Agent, and P. Gentili, avvocato dello Stato,
the Commission of the European Communities, by F. Arbault, O. Beynet and K. Mojzesowicz, acting as Agents,
after hearing the Opinion of the Advocate General at the sitting on 22 November 2007,
gives the following
Legal context
'No person may, whether directly or indirectly, engage in advertising of any kind with a view to treating or providing treatment, whether or not by a qualified person, in Belgium or abroad, for dental or oral ailments, lesions or abnormalities, by means, inter alia, of displays or signs, inscriptions or plaques liable to be misleading as to the lawful nature of the activity advertised, leaflets, circulars, handouts and brochures, via the media of the press, radio or the cinema, by conferring or promising to confer benefits of any kind such as discounts or the provision of free transport for patients, or through the intermediary of canvassers or other such intermediaries.
The act on the part of mutual clinics and hospitals of informing their members of the dates and times of consultations, the names of those holding consultations and any changes to these shall not constitute advertising for the purposes of this article.'
The dispute in the main proceedings and the question referred for a preliminary ruling
'Must Article 81 EC, read in conjunction with Article 3(1)(g) EC and the second paragraph of Article 10 EC, be interpreted as precluding a national law in the present case the Law of 15 April 1958 which prohibits (any person or) dental care providers, in the context of professional services or a dental surgery, from engaging in advertising of any kind, whether directly or indirectly, in the dental care sector?'
The question referred for a preliminary ruling
Admissibility
Substance
Costs
On those grounds, the Court (Second Chamber) hereby rules:
Article 81 EC, read in conjunction with Article 3(1)(g) EC and the second paragraph of Article 10 EC, does not preclude a national law, such as the Law of 15 April 1958, which prohibits any person or dental care providers, in the context of professional services or a dental surgery, from engaging in advertising of any kind in the dental care sector.
[Signatures]
* Language of the case: French.